''Reference Re Manitoba Language Rights,'' 9851 S.C.R. 721, was a

reference question In law of Canada, Canadian law, a reference question or reference case (formally called abstract review) is a submission by the Canadian government, federal or a Provinces and territories of Canada, provincial government to the courts asking for a ...

posed to the

Supreme Court of Canada The Supreme Court of Canada (SCC; , ) is the highest court in the judicial system of Canada. It comprises nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants eac ...

regarding provisions in the '' Manitoba Act, 1870'' stipulating the provision of French language services in the province of Manitoba. The Court heard the appeal in June 1984 and gave its ruling a year later, on June 13, 1985. Four questions were asked: # Are sections 133 of the ''

Constitution Act, 1867 The ''Constitution Act, 1867'' ( 30 & 31 Vict. c. 3) (),''The Constitution Act, 1867'', 30 & 31 Victoria (U.K.), c. 3, http://canlii.ca/t/ldsw retrieved on 2019-03-14. originally enacted as the ''British North America Act, 1867'' (BNA Act), ...

'', and 23 of the ''Manitoba Act, 1870'', requiring laws be in both French and English, mandatory in Manitoba, Quebec, and Parliament? # If so, are those Manitoban laws not printed in both languages invalid under section 23 of the ''Manitoba Act, 1870''? # If so, do the laws have any force and effect, and if so to what extent? # Are any of the provisions of '' An Act Respecting the Operation of Section 23 of the Manitoba Act in Regard to Statutes'' inconsistent with section 23 of the '' Manitoba Act, 1870'', and if so are the provisions invalid and of no legal force and effect? The Court found that the ''

'', and the ''Manitoba Act, 1870'', did require both languages and that those laws that were not in both languages were of no force and effect. However, they were deemed temporarily valid for a time until translations could be re-enacted in order to avoid a legal vacuum in Manitoba and to ensure the continuity of the rule of law. This reference was the first time that the courts in Canada had used the remedy of a delayed declaration of invalidity. Despite its exceptional origins, this remedy has grown to become a preferred one in Canadian

public law Public law is the part of law that governs relations and affairs between legal persons and a government, between different institutions within a state, between different branches of governments, as well as relationships between persons that ...

. Manitoba was given a generous period of time to translate the laws and, in 1992, the court was still extending this grace period to be decided by the parties. Supplementary reasons

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1 S.C.R. 212.

References

External links

* {{DEFAULTSORT:Manitoba Language Rights Reference 1984 in Canadian case law Bilingualism in Canada Canadian constitutional case law Canadian language legislation Franco-Manitoban culture Language case law Language conflict in Canada Supreme Court of Canada cases Supreme Court of Canada reference question cases